The effects of a criminal conviction do not end once an individual has served their sentence. In fact, the consequences of a criminal conviction can last forever and can impede the rest of a person’s life. Fortunately, the California Constitution gives the governor the power to grant clemency in the form of a sentence commutation or a pardon. While a commutation is directed at people who are still serving a sentence, a pardon is designed to reward people who have shown that they have been fully rehabilitated after serving their sentence for a criminal conviction.

In general, anyone who had been convicted and has completed his or her probation or parole for a California state criminal offense can apply for a Governor’s pardon. The only exceptions are for individuals who have been impeached, as well as those convicted for crimes in other jurisdictions or for federal crimes.

There are many reasons a person who had been convicted of a California state crime should consider applying for a gubernatorial pardon. One of the most important benefits of a pardon is the restoration of certain civil rights, including:

• The right to own or possess firearms;
• The right to serve on a jury;
• The right to become a probation or a parole officer;
• The right to obtain certain professional licenses;
• And, if convicted of a sex crime, a relief from the duty to register as a sex offender.

Moreover, if you are a lawfully present non-citizen, a pardon can be used as a defense to deportation or to eliminate bars to obtaining citizenship.

While a pardon is an official acknowledgement of the positive growth and the full rehabilitation of a person and restores many rights, it does not eliminate a criminal conviction from public records. More specifically, it does not seal an arrest record, nor it expunges a criminal record. Furthermore, there are instances where by law, people convicted of a felony involving the use of a dangerous weapon, cannot have their gun rights restored. In addition, in case of a subsequent offense, a pardoned conviction would still count as a prior.

A gubernatorial pardon is very hard to obtain, as it is considered an honor that the applicant has to demonstrate that they have earned. Depending on the crime, in order to be considered for a pardon, a person has to complete a certain period of rehabilitation following parole or probation. In general, absent exceptional and compelling circumstances, an application for pardon would not be considered, unless the applicant has been discharged from probation or parole for at least 10 years without further criminal activity during that period.

There are two possible routes in applying for a governor’ pardon: a petition for a Certificate of Rehabilitation and a direct pardon application with the governor’s office. In both cases, the applicant is required to notify the district attorney in the county of conviction of his or her intention to apply.

Certificate of Rehabilitation

A Certificate of Rehabilitation is a court order declaring rehabilitation after a conviction. If granted, the court will forward it to the governor’s office where the order will automatically become an application for a pardon. However, a Certificate of Rehabilitation is not a guarantee that a pardon will be granted.

There are a number of eligibility requirements that an individual has to meet in order to apply for a Certificate of Rehabilitation. Generally, it is available to people who have a prior conviction for:

• A felony and were sentenced to prison or another California state penal institution; or
• A felony and were sentenced to probation and the conviction has been expunged; or
• A misdemeanor sex offense listed in Penal Code 290 and the conviction has been expunged.

In addition, you have to show that you have not been incarcerated since completion or dismissal of your sentence, and that you are not currently on probation for a felony.

Moreover, the applicant has to be able to prove a “satisfactory period of rehabilitation.” This period includes:

• California residency for at least 5 years prior to filing a petition for a Certificate of Rehabilitation, AND
• Additional two to five years, depending on the crime for which the applicant was convicted.

Usually, the “satisfactory period of rehabilitation” is the absolute minimum period that has to pass before one can receive a Certificate of Rehabilitation. However, it is important to note that judges do have the authority to waive the rehabilitation period and to grant a certificate earlier, if it would be in the interest of justice.

If you are interested in obtaining a Certificate of Rehabilitation, you can contact our California attorneys at the Justice Firm today for a case evaluation and eligibility determination locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here. Direct Pardon

Individuals that do not meet the residency requirement for a Certificate of Rehabilitation, are ineligible for other reasons, or have had their application for a certificate denied, may apply for a pardon directly to the governor. Once the governor receives the application, he or she has the option of requesting more facts from the judge or the district attorney. In addition, the governor may request an investigation by the California Board of Parole Hearings.

Regardless of which route a person takes, the decision whether to grant or deny an application for a pardon is entirely within the governor’s discretion. The only exception being for people convicted of two or more felonies, in which case, the governor has to seek and obtain the consent of majority of the California Supreme Court.

It is important to note that obtaining a pardon is not an easy achievement and for both, a pardon and a Certificate of Rehabilitation, the applicant has to show that they have lived an honest and upstanding life, have obeyed the law, and exhibit a good moral character.

Therefore, before applying, the applicant should assemble documents and records proving that, since their conviction, the applicant has been a law-abiding citizen and an outstanding individual. There are a number of factors that would be considered in an application for a pardon, including records of alcohol or drug treatment, records of work and education history, volunteer work, as well as letters of recommendation from pastors, priests, community leaders, employers, and family, and anything else that would establish good moral character, eligibility, and rehabilitation. And for those facing a deportation, a detailed explanation of how a pardon would help should be included with the application.

The process of applying for a pardon and preparing a strong case can be daunting, so the help of an experienced post-conviction attorney can be crucial in showing that the applicant has led an exemplary life following their conviction. If you want to know more about the pardon application process and how you can restore your rights after a criminal conviction, the highly skilled and experienced appeals attorneys at the Justice Firm are ready to help and answer any questions you might have.

If you or someone you know, needs legal assistance in applying for a pardon or another post-conviction relief, you can contact our California attorneys today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

For the past few decades, California has been known for its tough-on-crime policies and its extremely harsh sentences. Fortunately, the California Constitution gives an individual the right to seek a commutation of sentence. Commutation is a form of clemency that the governor has the authority to grant and is an important form of post-conviction relief. In short, commutation is a reduction or a termination of a sentence.

Almost anyone who has been convicted of a state criminal offense can apply to have their sentence commuted, with the only exception being for individuals that have been impeached. Notably, commutation applies only to state crimes, and the governor lacks the power to commute sentences for convictions in another state or country, or for federal or military offenses.

The main benefit of a commutation is the ability of an individual to leave prison or jail immediately, to become eligible for parole or to accelerate individual’s parole hearing, or to change a death sentence to a life sentence. In addition, a commutation can be used to reduce or eliminate a fine or another penalty ordered by a court.

It is important to note, that a commutation does not change or reverse the finding of guilt, and unlike a certificate of rehabilitation or a pardon, it does not restore civil rights.

Factors to be considered for Commutation

For the most part, the governor has an almost absolute authority when it comes to commutations. And while there are no set criteria in deciding whether commutation would be granted, there are a number of factors that the Governor’s office would look at and consider, including:

• The severity of the offense and the harm caused to victims;
• The applicant’s age at the time of the crime and the time already served;
• The applicant’s behavior while incarcerated, as well as whether the applicant has obtained any certificates or education while incarcerated, and if the applicant sought treatment or participated in rehabilitative programs;
• Evidence of remorse for the committed offenses as well as evidence of victim restitution or efforts to remedy the impact the offense had on the victims;
• The applicant’s age at the time of the application and the need for commutation;
• The potential impact on the community, if the applicant is released, mainly the effect on public safety, and whether a commutation will be in the interest of justice;
• Public opinion, the opinion of victims, and/or the District Attorney;
• Whether the applicant has been rehabilitated and can be re-integrated into society;
• The applicant’s plans for re-entering society, including plans for employment and housing upon release.

In addition, the governor would look at any other factors that may act as indicators as to whether a commutation is warranted or not, like the applicant’s criminal history or whether the applicant is suffering from a terminal illness or a disability.

Commutations are not easy to obtain, and the help of an experienced post-conviction attorney can be crucial. If you or a loved one are considering applying for commutation, you can contact the experienced appeals attorneys at the Justice Firm today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here. Procedure

Before submitting an application for commutation, the applicant has to notify the district attorney in the county where he or she was convicted by submitting a notice of intent to apply for clemency. In most cases, the notice has to be given ten days before filing the application. After receipt of the notice, the district attorney has the option of submitting written recommendation, and will also notify the victims, who may submit their own recommendations.

Ten days after notification, the applicant can submit his or hers application for commutation. Although not required, submitting evidence in favor of a commutation could be vital for a successful application. These evidence should include information and documents demonstrating treatment, post-conviction rehabilitation efforts, including education, training, or other self-improvement activities, as well as letters of support, and if the application is based on a chronic or terminal illness, the applicant must submit an authorization for release of medical information. All applications for commutation have to be notarized.

After submitting the application, it is up to the governor to decide what to do. There are no time limits for the governor to act on an application, although, individuals facing deportation or have some other urgent need, could receive an expedited consideration. The governor is not required to grant a commutation. Moreover, the governor does not have to even consider the application and can deny it without any further investigation. However, if the governor decides to consider the application, while not obliged to do so, he or she would most likely refer the application to the Board of Parole Hearings, which would conduct an investigation and would make recommendations to the governor.

If the governor decides to act on an application, the only real limitation comes in cases where the applicant has two or more felony convictions. In those cases, if the governor decides to grant commutation, he or she is required to submit the application to the California Supreme Court and to obtain consent by a majority of the court.

An individual is allowed to apply for commutation once every three years. During the three-year period between applications, the applicant can file a Reapplication for Clemency and request that the governor reconsiders the decision to deny or not act on the application. During the reapplication, no additional evidence that were not included with the original application can be submitted. The reapplication is simply a renewed request for the governor to take a second look at the application.

Generally, approval of an application for commutation is hard to obtain. Most often, commutation of a sentence is granted when there is a demonstration of good behavior, post-conviction education and rehabilitation, and/or to reduce an unfairly harsh sentence. For purposes of a commutation, a sentence would be considered unduly harsh because the laws at the time of sentencing were harsher, or the applicant was very young when he or she committed the offense, or if the applicant can demonstrate evidence of “intimate partner battering” or other abuse.

Applying for commutation or any other post-conviction relief can be a long and complicated process, which requires deep knowledge of the law and extensive experience in the process.

At the Justice Firm, our highly skilled and experienced appeals attorneys are ready to help and answer any questions you might have and if you or a loved one is currently serving a sentence for a state crime in California that you believe is overly punitive and/or disproportionate and would like to apply for commutation or another post-conviction relief, you can contact our California attorneys today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

When the imprisonment is the result of a federal conviction, the only person who may commute the sentence is the President.

In addition to a reduced prison term, a commutation of sentence may also result in court-ordered fines being reduced.

A commutation of sentence does not restore civil rights lost due to a conviction as a pardon does, and does not forgive the defendant or eliminate a criminal record. Basically, a commutation of sentence is a reward for good behavior, however there have been occasions on which a defendant’s sentence was commuted because the sentence ordered by the court was considered unreasonably harsh, or a prisoner was not given credit for the time he/she had served by an unreasonable judge.

Other than sentences given for criminal offenses related to treason or impeachment, nearly any sentence may be commuted. In some cases, even those found guilty of murder and sentenced to death may have the sentence commuted, although the actual prison time will not be affected as it may only be commuted to a life without the possibility of parole sentence.

The laws vary from state to state, and there are cases in which a commutation of sentence is violated. For instance, here is a story about a woman who was serving a life sentence for a long list of drug crimes and who was granted a commutation of sentence by President Obama. The woman, a Texas grandmother, is now heading back to prison.

If you have questions regarding commutation of sentence, contact our Los Angeles criminal defense attorneys who will provide legal guidance and support.